Professional Documents
Culture Documents
7883
February 20, 1995
S. No. 994
H. No. 14325
The government and all its instrumentalities shall also recognize the
rights of barangay health workers to organize themselves; to
strengthen and systematize their services for their community; and
to make a venue for sharing their experiences and for
recommending policies and guidelines for the promotion,
maintenance and advancement of their activities and services.
SEC. 10. Repealing Clause. All laws, decrees, executive orders and
other presidential issuances which are inconsistent with this Act are
hereby repealed, amended or modified accordingly.
SEC. 11. Effectivity This Act shall take effect fifteen (15) days after
its publication in at least two (2) national newspapers of general
circulation.
Approved,
This Act which originated in the Senate was finally passed by the
Senate and the House of Representatives on February 15, 1995 and
February 13, 1995, respectively.
Grounds
If the complaint is filed with the courts, then we have to follow court
procedure. Elective officials with a Salary Grade of 27 and above will be
tried by the Sandiganbayan. Below that, the regular courts come into
play.
Administrative Complaints
1.) The Office of the President: for elective officials of a province or city
(whether highly urbanized, independent component or component)
2.) The sangguniang panlalawigan: for the officials of a municipality
(appealable to the president)
3.) The city or municipal sanggunian: for elective barangay officials (the
decision becomes final and executory)
Preventive suspension can be imposed at any time after the issues in the
complaint are joined and the evidence of guilt is strong; taking into
consideration also the gravity of the offense and the possibility that the
official in question could influence witnesses or pose a threat to the
integrity of the investigation's records and evidence. Preventive
suspension lasts for a maximum of 60 days, but if several complaints are
filed against the same official he can't be suspended for more than 90
days in a single year for the same ground/s existing at the time of the
first suspension.
The official in question won't receive his salary or compensation while the
suspension is in effect, but if exonerated and reinstated he'll be paid his
salary and other emoluments including the ones that accrued during his
suspension. Indefinite preventive suspension is not allowed (Layno vs.
Sandiganbayan, 136 SCRA 536.)
C.) Appeals
Appeals will not prevent a decision from becoming final and executory.
While on appeal, the official in question will be treated as being
preventively suspended.